The following are detailed standards for certain accessory uses
which are permitted accessory uses in residential districts:
A. Antennas, Satellite.
1. Number. No more than one satellite antenna shall
be allowed on a residential lot.
2. Location. The antenna shall be located within the
rear yard areas only and shall conform to the side and rear yard setbacks
required for the principal structure in that zoning district.
3. Height. Satellite antennas shall meet the following
height requirements of this Ordinance:
a. Ground Mounted Antennas. Not to exceed 15 feet above
grade.
b. Building Mounted Antennas. Not to exceed the maximum
building height allowed in that zoning district.
c. Maximum Dish Area (Size). An antenna shall not exceed
12 feet in diameter.
4. Mounting.
a. Ground Mounted Antennas. An antenna shall be mounted
and installed in accordance with manufacturer's specifications and
shall be able to withstand a minimum wind load of 80 miles per hour
(mph).
b. Building Mounted Antennas. The owner shall demonstrate
that reception will not be possible in a less conspicuous location
and shall submit a plan from a Registered Professional Engineer that
certifies that the installation of such antenna will not structurally
damage the building upon which it is to be mounted.
5. Advertising. No form of advertising shall be allowed
on the antenna, base, or framework other than the manufacturer's identification
plate.
6. Portable Antennas. Portable or trailer mounted antennas
are not allowed except for a temporary installation for demonstration
which shall not exceed two days.
7. Electrical Installation. All electrical installation
shall be in accordance with the National Electrical Code.
8. Cable Installation. All cable to and from the antenna
shall be installed underground unless the antenna is mounted on a
building where cable will go directly into the structure.
9. Zoning Compliance Permit Required for Antenna Installation.
a. No antenna shall be installed without a Zoning Compliance
Permit.
b. The application for a Zoning Compliance Permit shall
include a plot plan indicating the proposed location of the antenna
and the manufacturer's installation specifications.
c. All applications for a Zoning Compliance Permit
for an antenna installation, as specified herein, shall be reviewed
and approved by the Architectural Review Board prior to issuance of
a Zoning Compliance Permit.
B. Automobile or Motor Vehicle Repair in Residential
Districts. The repair of an automobile or a motor vehicle in any residential
or agricultural zoning district (automobile or motor vehicle repair
outdoors is not permitted in the R-8 District or multiple-family uses
and nonresidential uses in a PDD District), is limited to resident-owned
vehicles subject to the following restrictions:
1. Minor Repairs and Maintenance. Only minor repairs
and maintenance may be performed which, for purposes of this Paragraph,
are defined as the changing and replenishment of fluid levels, such
as hydraulic fluid, windshield washer fluid, and lubricating oil;
the replacement of sparkplugs or ignition points; the rotation of
tires and the checking of adequate pressure; and the replacement of
drive belts and hydraulic lines, and other similar minor repairs.
2. Other Repairs. Any other repairs on the motor vehicle
or automobile shall be restricted to totally enclosed spaces which
are properly ventilated and only accomplished on privately registered
vehicles having current State of Wisconsin license plates, or motor
vehicles designated by the State of Wisconsin as qualifying for an
antique, or horseless carriage designation.
C. Commercial Vehicle Parking. The parking of more
than one commercial vehicles in any residential district is prohibited.
This requirement shall not be interpreted to prohibit vehicles from
loading and unloading in any residential district. Commercial vehicles
so parked shall not exceed 8,000 pounds.
D. Decks. Decks shall be located a minimum of 10 feet
from side and rear lot lines and shall also be subject to the minimum
wetland setback for the zoning district in which it is located and
all wetland buffer and shore buffer provisions of this Ordinance.
A deck upon a lot of record subject to the "minimum shore yard" (30
feet) regulations for principal structures under this Unified Development
Ordinance as it existed from August 1, 1998 to the effective date
of amendment of such regulations on May 1, 2003, shall also be subject
to such thirty-foot minimum shore yard.
E. Fences.
1. General. The following are required of all fences
installed in the City of Franklin:
a. All fences shall be maintained in good repair and
in structurally sound condition. All fences shall be constructed and
maintained in a good aesthetic condition and in such a manner and
of such materials and colors so as not to adversely affect the value
of adjoining property or property in the immediate neighborhood. No
fence may be constructed or maintained which is detrimental to human
life or safety or causes a traffic hazard. All fences shall be constructed
and maintained straight, plumb, and of an even height along its length,
except for such deviations as required by grade.
b. No advertising or signs shall be permitted on any
fence in any zoning district.
c. No materials shall be stored between a fence located
adjacent to a lot line and the lot line.
d. Fencing shall be constructed with the finished or
decorative side facing the adjacent or abutting property or street.
e. No fence shall be constructed in the City without
first obtaining a Building Permit from the Building Inspector.
f. Snow fencing will only be permitted between November
15 and April 15 of each year. No Building Permits for the installation
of said snow fencing shall be required.
2. Fencing in Residential Zoning Districts.
a. Fences having a height of six feet or less may be
used to locate property lines within the required side and rear yard
areas in the residential districts.
b. Fences shall not be located within the front yard,
except decorative fencing may be installed within the front yard areas
in the residential districts. In the case of a double-frontage lot,
fences may be constructed to locate property lines in the yard opposite
the front of the residence, provided such fence is constructed and
maintained in compliance with all other applicable provisions of § 15-3.0802E.
c. In the R-8 General Residence District or a PDD (Residential)
District, where aesthetic appearance may require a fence or wall to
shield parking lots or other unattractive areas or to generally improve
the aesthetics of the development, a wall or fence may be erected
in the front yard of the development by approval of the Plan Commission,
and which approval may include design or other architectural requirements.
d. No barbed wire, chicken wire, or electrically charged
fences shall be allowed in residential zoning districts.
e. Fences shall not be located in a corner side yard,
or any rear yard abutting a street on a corner lot. For a rear yard
abutting a street on a corner lot, the setback shall be the required
corner side setback of the zoning district, or not any closer to the
street than the distance from the street to the principal building
to which it is accessory, whichever distance is greater.
F. Home Occupations and Home Offices in the R-1, R-1E,
R-2, R-3, R-3E, R-4, R-5, R-6, R-7, R-8, A-1, and A-2 Districts. The
following specific standards shall be used for home occupations and
home offices located as accessory uses in R-1, R-2, R-3, R-3E, R-4,
R-5, R-6, R-7, R-8, A-1, and A-2 Districts:
1. Home Occupation Employees. No person shall be employed
other than members of the immediate family residing on the premises.
2. Maximum Floor Area Permitted to be Used for Home
Occupation. The use of the dwelling unit for the home occupation or
home office shall be clearly incidental and secondary to its use for
residential purposes. No more than 25% of the floor area of the dwelling
unit shall be used in the conduct of the home occupation or home office;
and no outside display, storage, or use of land is permitted.
3. No Change in the Outside Appearance of the Building,
Accessory Structure, or Premises Permitted. There shall be no change
in the outside appearance of the building, accessory structure, or
premises as a result of such home occupation or office, with the exception
of an unlighted sign or nameplate, not more than one square foot in
total area, attached to and not projecting from the building.
4. Conduct of Home Occupation in Accessory Building
or Structure Prohibited. No home occupation or home office shall be
conducted in any accessory building or structure or outdoors.
5. Use of Mechanical and Electrical Equipment. No mechanical
equipment shall be used on the premises, except such that is normally
used for purely domestic or household purposes. In the case of electrical
interference, no equipment or process shall be used which creates
visual or audible interference in any radio or television sets off
the premises, or causes fluctuations in line voltage in excess of
that normally associated with household use. Computer equipment which
meets the aforementioned criteria and which can be purchased for use
in the home shall be considered as "normally associated with household
use."
6. Sale and Display of Commodities and Goods. No commodity
or good not produced on the premises shall be sold on the premises
nor displayed on the exterior or interior of the premises, or warehoused
on the premises for sale elsewhere. This does not preclude taking
orders for sales or provision of services off-site.
7. Traffic. No vehicular or pedestrian traffic shall
be generated by such home occupation or home office in greater volume
than would normally be expected from the principle use. In the case
of measuring vehicular traffic, criteria established in the most current
edition of the Institute of Transportation Engineer's publication
titled Trip Generation shall be used.
8. Home Occupation Uses — Permitted and Not Permitted.
A home occupation may include, but not be limited to the following:
domestic crafts such as seamstress, sewing, tailoring, weaving, washing
and ironing, private tutoring and instruction (limited to three [3]
pupils at any one time), and home offices shall include professional
services. Millinery shops, tearooms, restaurants, tourist homes, bed
and breakfast establishments, auto repair and tune-up, general offices
which would require more off-street parking than which is required
for the type of residential use which is permitted in the residential
district, clinics, physician's, dentist's and offices of the like,
welding shops, animal hospitals, veterinary clinics, catering or other
food preparation businesses, funeral parlors and undertaking establishments,
antique shops, rooming houses, dancing schools, and kennels, among
others, shall not be deemed to be home occupations.
9. Levels of Noise, Emissions, Radiation, Vibration,
Heat, Glare, Smoke, Dust, Fumes, Odors, or Electrical Interference.
There shall be no levels of noise, emissions, radiation, vibration,
heat, glare, smoke, dust, fumes, odors, or electrical interference
created which is detectable to the normal senses outside the dwelling
unit in excess of that normally associated with household use.
10. Refuse. No refuse in excess of the amount allowable
for regular residential pick-up shall be generated by any home occupation.
11. Nuisance Causing Activities. No home occupation
shall cause or create any nuisance; cause or create any substantial
or undue adverse impact on any adjacent property or the character
of the area; or threaten the public health, safety or general welfare;
or be noxious, offensive, or hazardous.
12. Materials Which Decompose by Detonation Prohibited.
No materials which decompose by detonation shall be allowed in conjunction
with a home occupation.
13. Public Utility Use Exceeding Typical Residential
Dwelling Unit Demand Not Permitted. No home occupation shall be permitted
which generates sewerage or water use in excess of what is typical
for a residential dwelling unit.
G. Home Occupations and Home Offices in the VR and
VB Districts. The following specific standards shall be used for home
occupations and home offices located as accessory uses in VR and VB
Districts:
1. Home Occupation Employees. No person shall be employed
other than members of the immediate family residing on the premises.
2. Maximum Floor Area Permitted to be Used for Home
Occupation. The use of the dwelling unit for the home occupation or
home office shall be clearly incidental and secondary to its use for
residential purposes. No more than 25% of the floor area of the dwelling
unit, including basement space, shall be used in the conduct of the
home occupation or home office.
3. No Change in the Outside Appearance of the Building,
Accessory Structure, or Premises Permitted. There shall be no change
in the outside appearance of the building, accessory structure, or
premises as a result of such home occupation or office, with the exception
of an unlighted sign or nameplate, not more than one square foot in
total area, attached to and not projecting from the building.
4. Conduct of Home Occupation in Accessory Building
or Structure Prohibited. A home occupation or home office may be conducted
in any accessory building or structure, provided vehicles are not
parked outdoors that would otherwise be parked in an accessory building
or structure.
5. Use of Mechanical and Electrical Equipment. No mechanical
equipment shall be used on the premises, except such that is normally
used for purely domestic, household, or hobby purposes. In the case
of electrical interference, no equipment or process shall be used
which creates visual or audible interference in any radio or television
sets off the premises, or causes fluctuations in line voltage in excess
of that normally associated with household use. Computer equipment
which meets the aforementioned criteria and which can be purchased
for use in the home shall be considered as "normally associated with
household use."
6. Sale and Display of Commodities and Goods. No commodity
or good not produced on the premises shall be sold on the premises
nor displayed on the exterior or interior of the premises, or warehoused
on the premises for sale elsewhere. Commodities or goods produced
on the premises shall be allowed to be displayed between the front
setback line of the dwelling and the front property boundary line,
given the display materials shall not restrict visibility of traffic
on the public street, nor create a nuisance to neighboring property
owners.
7. Traffic. No vehicular or pedestrian traffic shall
be generated by such home occupation or home office in greater volume
than would normally be expected from the principal use. In the case
of measuring vehicular traffic, criteria established in the most current
edition of the Institute of Transportation Engineer's publication
titled Trip Generation shall be used.
8. Home Occupation Uses — Permitted and Not Permitted.
A home occupation may include, but not be limited to the following:
domestic crafts such as seamstress, sewing, tailoring, weaving, washing
and ironing, private tutoring and instruction (limited to three [3]
pupils at any one time), and home offices shall include professional
services. Millinery shops, tearooms, restaurants, tourist homes, bed
and breakfast establishments, auto repair and tune-up, general offices
which would require more off-street parking than which is required
for the type of residential use which is permitted in the residential
district, clinics, physician's, dentist's and offices of the like,
animal hospitals, veterinary clinics, catering or other food preparation
businesses, funeral parlors and undertaking establishments, rooming
houses, dancing schools, and kennels, among others, shall not be deemed
to be home occupations.
9. Levels of Noise, Emissions, Radiation, Vibration,
Heat, Glare, Smoke, Dust, Fumes, Odors, or Electrical Interference.
There shall be no levels of noise, emissions, radiation, vibration,
heat, glare, smoke, dust, fumes, odors, or electrical interference
created which is detectable to the normal senses outside the dwelling
unit in excess of that normally associated with household use.
10. Refuse. No refuse in excess of the amount allowable
for regular residential pick-up shall be generated by any home occupation.
11. Nuisance Causing Activities. No home occupation
shall cause or create any nuisance; cause or create any substantial
or undue adverse impact on any adjacent property or the character
of the area; or threaten the public health, safety or general welfare;
or be noxious, offensive, or hazardous.
12. Materials Which Decompose by Detonation Prohibited.
No materials which decompose by detonation shall be allowed in conjunction
with a home occupation.
13. Public Utility Use Exceeding Typical Residential
Dwelling Unit Demand Not Permitted. No home occupation shall be permitted
which generates sewerage or water use in excess of what is typical
for a residential dwelling unit.
H. Rental Residential Complex Offices. One rental office
shall be allowed within a rental residential complex. The office may
be the rental manager's dwelling. Rental complex offices shall be
subject to the following restrictions:
1. Hours of Operation. All rental complex offices shall
open no earlier than 7:00 a.m. and shall close prior to 9:00 p.m.
during the spring, summer, and fall seasons, and shall close prior
to 8:00 p.m. during the winter season. No rental complex office shall
be open on Sunday before 12:00 noon.
2. Lighting. All exterior lighting must meet the requirements
set forth in Division 15- 5.0400 of this Ordinance for the zoning
district in which the rental office is located. All off-street parking
areas must be illuminated. All exterior lighting associated with the
rental office shall be extinguished at the closing time of the rental
complex office.
3. Off-Street Parking. All rental complex offices shall
provide off-street paved parking for the public. An area contiguous
to the structure within which the rental complex office is located
shall be utilized for the off-street, paved parking lot for public
use. The number of required off-street parking spaces shall be six
per rental complex office. Such parking spaces shall be in addition
to those otherwise required by Division 15-5.0200 of this Ordinance.
4. Trash Receptacles. Trash receptacles shall be provided
around the rental complex office for used by the public.
I. Skateboard Ramps (Private). A skateboard ramp which
is used by the residents of the primary structure and nonpaying guests
shall be permitted in the residential and agricultural zoning districts
subject to the following restrictions:
1. Location. A private skateboard ramp may occupy required
side and rear yards, but shall not occupy required front yards or
side yards abutting a street except as described below:
a. For corner lots, private skateboard ramps shall
be permitted within one front yard, which functions as a side yard,
provided the skateboard ramp is located no more than 10 feet into
the required front yard, as measured from the rear line of the front
yard. However, in residential districts requiring side yards greater
than 10 feet, this permitted intrusion shall be increased up to a
distance equal to said required side yard.
b. For double frontage lots, skateboard ramps shall
be permitted within the front yard which functions as a rear yard,
provided that the ramp is screened from the rear street by a fence,
wall, or hedge.
2. Fencing. Private skateboard ramps shall be enclosed
with a fence not less than four and not more than six feet in height.
Such fencing shall be equipped with self-closing and self-latching
gates so that the skateboard ramp is inaccessible to small children.
3. Minimum Setback from Abutting Property Line. Private
skateboard ramps shall be set back a minimum of 10 feet from any abutting
property line.
4. Maximum Height. Private skateboard ramps shall not
exceed a height of 10 feet.
5. Hours of Use. Private skateboard ramps shall only
be used between the hours of 9:00 a.m. and 9:00 p.m.
J. Trash Dumpsters and Garbage Receptacles (Trash,
Garbage, and Recyclable Storage). The following requirements shall
be met for trash dumpsters and garbage receptacles located in residential
districts:
1. Centralized Location(s) of Trash Dumpsters and Garbage
Receptacles Required. All new multiple-family residential buildings
and uses, except for single-family and two- family dwellings, shall
provide facilities for the central and accessible storage of solid
waste within the parcel or lot. The location of said facilities shall
be approved by the City Planner. Multiple locations may be required
by the Plan Commission.
2. Trash Dumpster and Garbage Receptacle Enclosures
Required. All garbage cans, trash dumpsters, trash containers, and
other storage devices situated on any property shall be closed containers
with lids and shall be concealed or suitably screened from public
view. Sight-proof fencing (wood or masonry) and landscaping shall
be used to totally obstruct vision into the storage areas. Where such
facilities are provided outside of a building, they shall be screened
from public rights-of-way and adjacent property by an enclosure constructed
of materials compatible with the materials on the front building wall
of the main building.
3. Trash Dumpster and Garbage Receptacle Maintenance
Required. Fencing and landscaping for storage areas shall be maintained
in good condition and kept litter-free. All garbage cans, trash containers,
and other garbage storage devices shall be emptied and the contents
thereof properly disposed of not less than once every seven days.
4. Unenclosed Storage of Trash or Waste Prohibited.
No portion of the lot shall be used for open or unenclosed storage
of trash or waste of any kind.
5. Trash Dumpster and Garbage Receptacle Location in
Off-Street Parking Space or Drive Prohibited. No trash dumpster or
other trash or waste receptacle shall be permitted in any off-street
parking space or drive.
6. Concrete Slab Required. All trash dumpsters and
garbage receptacles shall be placed upon a concrete slab which has
a thickness of not less than five inches.
7. Adequate Size to Accommodate Recycling Materials.
All trash dumpster and garbage receptacle areas shall be of an adequate
size to accommodate the storage of materials to be recycled.
8. Building Permit Required for the Construction of
Garbage, Trash, Waste, and Dumpster Enclosures. A Building Permit
shall be required for the construction of any garbage, trash, waste,
or dumpster enclosure.
[Amended 12-19-2017 by Ord. No. 2017-2305]
A Temporary Use Permit is required prior to the commencement
of and for the duration of any Temporary Use in any zoning district
in the City of Franklin. A Temporary Use is an activity that is short-term
in nature, will be conducted for only a specified limited period of
time, and for a specific use that is not the permanent use of the
property, and which use though not already expressly authorized to
be an actual use on the property, is incidental to or accessory to
and compatible with, as a limited duration use, the existing use of
the property and, as a limited duration use, is compatible with and
will not adversely affect adjoining properties.
The Zoning Administrator and designees of the City Planning
Department are authorized to issue Temporary Use Permits upon application
therefore. An application for a Temporary Use Permit shall be signed
by the owner of the land involved, as a responsible party, together
with the person applying for the permit, if other than the owner,
who shall also be a responsible party by reason of such application.
The applicant shall also pay an application fee at the time of filing
the application, which fee shall be in such amount as may be approved
by and specified within the resolution of the Common Council from
time to time and kept on file in the Office of the City Clerk. The
form and content of the application shall be as reasonably required
by the Zoning Administrator or designee of the City Planning Department
so that all information reasonably required by and to effectuate the
terms and provisions of this Section shall be provided. Each permit
granted shall specify the time period (dates) during which the use
may occur and the hour during each day in the period during which
the use may occur. A permit shall lapse if not used within the dates
approved.
The Zoning Administrator and designees of the City Planning
Department may refer any application for a Temporary Use Permit to
the Plan Commission for review and approval, where the Zoning Administrator
or designee of the City Planning Department determines that the application
involves an issue of interpretation as to whether the proposed temporary
use is incidental or accessory to the existing use of the property,
or is a use which is compatible, as required herein, or that there
is a question as to whether the proposed temporary use may adversely
affect adjoining property due to the nature of, size or area of, noise,
debris, lighting, or the like or other resultant from the proposed
temporary use. Plan Commission review and approval is required for
any proposed temporary use of a type not specifically listed below.
Each permit shall be conditioned upon and shall additionally
contain such specific conditions to obtain compliance with this Section
and the purposes of the zoning district within which the use will
be located; the protection of the public health, safety and general
welfare; and ensuring that the operation and maintenance of the temporary
use shall be in a manner compatible with existing uses upon the subject
property and adjoining properties and in the surrounding area. The
Plan Commission may require a letter of credit or other approved financial
security sufficient to ensure the site is cleaned up and/or restored
to its prior condition.
The uses for which Temporary Use Permits may be issued following
administrative review by the Zoning Administrator or designee of the
City Planning Department are as follows:
A. Commercial Temporary Outdoor Sales. A commercial
temporary outdoor sale is an outdoor sale of merchandise, upon property
supporting an existing retail use principal structure in the B-1,
B-2, B-3, B-4 or B-5 zoning districts, and any commercial or retail
sales planned development district or commercial or retail sales area
of a mixed use planned development district, by either the owner or
occupant of the principal structure, of the type of merchandise for
sale within the principal structure.
1. Location. No display, sales or parking is permitted
in any street right-of- way, except such parking on-street as is regularly
permitted. In addition, no display, sales or parking shall obstruct
pedestrian or vehicular traffic. All display areas or temporary structures
shall comply with the minimum required yard setbacks for the zoning
district for the property upon which the commercial temporary outdoor
sale occurs.
2. Parking. All parking shall be on-site, except such
on-street parking as is regularly permitted. The applicant must demonstrate
that there will be adequate parking for the existing uses as well
as the proposed commercial temporary outdoor sale.
3. Trash and Debris. The applicant must demonstrate
and provide adequate facilities to dispose of all trash or other waste
generated by the commercial temporary outdoor sale.
4. Outdoor Sales Shall be Permitted Only Four Times
per Year per Property. Each individual outdoor sales event (up to
four per year, per property) shall be no longer than 14 consecutive
days; provided, however, that the total days of such temporary uses
during a calendar year shall not exceed 30 calendar days. Owners must
obtain a Temporary Use Permit for each such temporary outdoor sale
before the use is permitted.
5. Signage. All signage shall be in accordance with
the sign regulations set forth in this Ordinance.
6. A Site Plan is Required. A site plan showing location
of existing buildings, locations of proposed structures for the sales/events,
locations of parking spaces, signage, hours of operation, what merchandise
is being sold and any other information pertinent to the review of
the sales/events and as may be so required by the Zoning Administrator
or designee of the City Planning Department or the Plan Commission,
as applicable, shall be submitted as part of the application for a
commercial temporary outdoor sale use.
B. Temporary Miscellaneous Outdoor Sales. A temporary
miscellaneous outdoor sale use includes those activities involving
the sales of merchandise from trucks or a temporary outdoor or tented
sales area upon property supporting an existing retail use principal
structure in the B-1, B-2, B-3, B-4 or B-5 zoning districts, and any
commercial or retail sales planned development district or commercial
or retail sales area of a mixed use planned development district.
Examples include, but are not limited to, flower and plant sales,
general apparel and accessories sales, motor vehicle and recreation
vehicles sales, and other similar goods and products.
1. Location. No display, sales or parking is permitted
in any street right-of-way, except such parking on-street as is regularly
permitted. In addition, no display, sales or parking shall obstruct
pedestrian or vehicular traffic. All display areas or temporary structures
shall comply with the minimum required yard setbacks for the zoning
district for the property upon which the temporary miscellaneous outdoor
sale occurs.
2. Parking. All parking shall be on-site, except such
on-street parking as is regularly permitted. The applicant must demonstrate
that there will be adequate parking for the existing uses as well
as the proposed temporary miscellaneous outdoor sale.
3. Trash and Debris. The applicant must demonstrate
and provide adequate facilities to dispose of all trash or other waste
generated by the temporary miscellaneous outdoor sale.
4. Signage. All signage shall be in accordance with
the sign regulations set forth in this Ordinance.
5. Temporary Outdoor Structures. All proposed temporary
outdoor structures (tents, canopies) are subject to review and approval
of the Fire Inspector and the Building Inspector.
6. Temporary Miscellaneous Outdoor Sales Shall be Limited
to 14 Consecutive Days. Owners must obtain a Temporary Use Permit
for each temporary miscellaneous outdoor sale before the use is permitted.
Each such uses shall not exceed 14 consecutive calendar days. The
total days of such temporary uses during a calendar year shall not
exceed 30 calendar days.
7. A Site Plan is Required. A site plan showing location
of existing buildings, locations of proposed structures for the sales/events,
locations of parking spaces, signage, hours of operation, what merchandise
is being sold and any other information pertinent to the review of
the sales/events and as may be so required by the Zoning Administrator
or designee of the City Planning Department or the Plan Commission,
as applicable, shall be submitted as part of the application for a
commercial temporary outdoor sale use.
C. Christmas Tree Sales Lot. The following specific
standards shall be used:
1. Location. Trees shall not be located in any right-of-way.
2. Parking. All parking shall be on-site, except such
on-street parking as is regularly permitted.
3. Visibility. The location of trees on the property
shall not block visibility for vehicles or pedestrians on or off the
lot in a way that would create a safety hazard.
4. Hours of Operation. The Christmas tree sales shall
be limited between the hours of 7:00 a.m. and 9:00 p.m.
5. Trash and Debris. All trash and debris shall be
removed when sales end.
6. Written Consent May Be Required. Written consent
from the owner, or authorized agent, of the property shall be provided
if required by the Zoning Administrator or designee of the City Planning
Department.
7. Signage. All signage shall be in accordance with
the sign regulations set forth in this Ordinance.
8. Removal of Trees by December 31st. Trees remaining
on hand after December 25th shall be removed from the premises no
later than December 31st of that same year.
D. Temporary Concrete Batch Plants or Asphalt or Asphalt
Reprocessing Plants (including materials processing and handling)
and Temporary Stone Crushers. A Temporary Use Permit for these uses
may only be granted by the Plan Commission. The following specific
standards shall be used:
1. Routing Plan Required. The contractor shall submit
a routing plan for trucks to and from the proposed plant to the City
Planner and City Engineer for their review and recommendations as
a condition prior to approval.
2. Financial Assurance Required for Potential Damage
to Roads. The contractor shall provide a financial assurance in the
amount requested by the City Engineer to pay for correcting any damage
done to City or County roads during the course of said facility's
operation and for the planned restoration of the site.
3. Access. Such facilities shall only be allowed access
via arterial or collector roads or highways. Access via dedicated
existing local residential roads and/or collector roads serving residential
areas shall be prohibited.
4. Restoration Plan. A restoration plan shall be provided
the City for review and approval of the City Engineer.
5. When Allowed. Such facilities shall be erected only
in conjunction with a City, County, or state/federal highway or road
improvements.
6. Maximum Period of Use. The allowable period of such
use shall be for the period of such roadway or highway work with a
maximum of an eight-month period.
7. General Location. Such facilities shall be located
not less than 1,000 feet from any occupied building, with the exception
of an associated accessory construction trailer/office which may be
located on the same site.
8. Outside Sales Prohibited. No outside sales of batch
plant materials shall be permitted. The sale of crushed stone shall
not be permitted.
9. Site Plan of Operation and Facilities Required.
Such facilities will be shown on a site plan and be contained within
a maximum five acre area.
10. Location of Stone Crushers. Stone crushers shall
be located not less than 1,000 feet from any building used for residential
purposes.
11. Prevention of Dust, Fumes, Vapors, Mists, or Gas
Nuisances. The prevention of any dust, fumes, vapors, mists, or gas
nuisances due to operations shall be maintained at all times in accordance
with established City, County, State, and federal air pollution standards.
*
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The following temporary uses are allowed without the issuance
of a Temporary Use Permit:
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E. *Construction Trailers as Temporary Offices.
1. Removal of Trailer Required Upon Completion of Work.
A licensed contractor engaged upon a construction project for which
a Building Permit has been issued by the Building Inspector may temporarily
use a construction trailer for office facilities in the location where
the work is being done, provided such construction trailer shall not
be placed upon the streets but upon the property on which the Building
Permit authorizes the construction. The construction trailer shall
be removed within 30 days after substantial completion of the work
for which the Building Permit has been issued. If, in the opinion
of the Building Inspector or Zoning Administrator or designee of the
City Planning Department, the location of the construction trailer
poses a safety hazard it shall be moved to an appropriate location
as directed by such officer immediately upon such direction.
2. Use of Mobile Homes, or Modular Homes, as Temporary
Offices During Remodeling. A Zoning Compliance Permit may be issued
by the Plan Commission for a one-year period for the use of mobile
homes, or modular homes, as temporary offices while business properties
are being remodeled, provided that they are placed upon the property
for which there is a Building Permit issued by the Building Inspector
for the remodeling. The permit shall be for a period of one year or
until the remodeling is completed, whichever is the shorter period.
The Zoning Compliance Permit may not be renewed after the expiration
of the one-year period.
F. *Dumpsters for Trash and Garbage Required for Construction
Sites.
1. No Building Permit to be Issued. No Building Permit
shall be issued to construct any building in any zoning district or
for any other construction as required by the Building Inspector or
Zoning Administrator, or designee of the City Planning Department
unless the applicant shows to the satisfaction of the Building Inspector
that the applicant will provide and maintain on each construction
site a dumpster with a minimum capacity of 10 yards. The dumpster
shall be packed in such a way so as to eliminate the possibility of
its contents from blowing about the construction site or on to neighboring
properties. The dumpster shall be placed on the property prior to
commencing of the framing of the new structure.
2. Failure to Comply. Failure to comply with obtaining,
utilizing, emptying and maintaining of a dumpster for construction
debris shall, after notification to the builder by the Zoning Administrator
or designee of the City Planning Department or Building Inspector
and the lapsing of a grace period of 48 hours, necessitate the issuance
of citations to the builder in the matter. The Building Inspector
may also authorize, obtain and maintain dumpsters on construction
sites pursuant to the procedures in Chapter 66.62 of the Wisconsin
Statutes as amended. Pursuant to Chapter 66.62 of the Wisconsin Statutes
as amended, the City can provide reasonable notice and a hearing before
the Common Council as to whether this section has been violated. If
the Common Council finds that this section has been violated, the
Common Council may order a dumpster be obtained and maintained on
the construction site with the cost charged to the property owner
benefited thereby and placed as a special assessment and a lien against
the property.
G. *Garage and Yard Sales. Garage, yard, tag, patio,
and apartment sales are specifically permitted, as a temporary use,
in all residential zoning districts without a Zoning Compliance Permit
granted by the Board of Zoning and Building Appeals. Such sales shall
be limited to one such sale during each six-month period, for a duration
not to exceed three consecutive days.
H. *Model Homes, Model Dwelling Units, and Pre-Construction
Sales Offices. Model homes, model dwelling units, and pre-construction
sales offices are residential type structures used as sales offices
by a builder/developer and to display the builder/developer's product
after approval by the Common Council. The same may be furnished within,
since its purpose is to display to perspective buyers the builder/developer's
features (such as exterior siding treatments, roofing materials, interior
trim, moldings, floor coverings, etc.) in the environment of a completed
home, and may be staffed by the builder/developer's sales force. Model
homes shall be subject to the following restrictions:
1. District Dimensional Requirements to be Met. The
model dwelling unit shall meet all district requirements for lot and
yard dimensions.
2. Sign Illumination. Signs shall not be illuminated
after 9:00 p.m.
3. Business Activity Not Permitted Before 9:00 a.m.
Nor After 9:00 p.m. The model dwelling unit shall not be used for
any business activity before 9:00 a.m. nor later than 9:00 p.m.
4. Lighting. All exterior lighting must be "downlighting,"
so that absolutely no light shall be cast onto adjoining residential
properties. All off-street parking areas must be illuminated. All
exterior lighting shall be extinguished at the closing time of the
model home.
5. Off-Street Parking. All model homes shall provide
off-street, paved parking for the public. Such off-street, paved parking
shall be located as directed by the Board of Zoning and Building Appeals.
The number of required off-street parking spaces shall be six per
model home. The driveway of the model home may be utilized for not
more than two of the required spaces.
6. Screening and Trash Receptacles. Landscape drawings
shall be required and show adequate landscaping and screening from
adjoining residential lots, together with the clear marking of the
boundaries of the model home lot. Trash receptacles shall be provided
around the model home for use by the public.
7. Construction and Issuance of an Occupancy Permit.
The construction of all model homes shall be approved by the Common
Council, at which time the Common Council may establish additional
standards not stated herein, for the minimum protection of the general
public health, safety and welfare. Occupancy Permits shall not be
issued until after the abutting street has been dedicated to the City
and provided with a hard surface.
8. Termination of Use. The use of model homes within
a residential subdivision, or within any single phase of a multi-phase
subdivision, shall terminate when building permits have been issued
for 90% of the lots therein.
9. Model Dwelling Unit Constructed in Nonresidential
Zoning Districts. Model dwelling units may be erected or displayed
in districts which exclude residential uses, provided that such models
shall not be used for residential purposes, but only for display as
a means to sell homes in districts in which they are permitted and
provided that all other requirements of the district in which the
model dwelling unit is erected shall be met.
10. Temporary Sales Structure in Multiple-Family Developments.
In those zoning districts where multi-family dwelling uses are permitted,
a temporary structure may be used as a pre-construction sales office
for the purpose of displaying a typical dwelling unit arrangement,
subject to the following restrictions:
a. The structure shall be limited to two stories in
height.
b. The structure shall be appropriately landscaped.
c. The structure shall be subject to the same front
yard requirements as the principal structure to be erected and shall
otherwise be subject to all yard requirements for the district in
which located.
d. Adequate off-street parking facilities (a minimum
of six spaces) and access driveways shall be developed within those
locations approved for such facilities in conjunction with the permanent
multiple-family structure, and no additional parking areas or access
driveways shall be permitted.
e. Signs shall be permitted only in accordance with
the regulations set forth for the use within the district and in compliance
with this Ordinance.
f. The structure shall comply fully with all existing
building codes and ordinances of the City of Franklin.
g. The structure shall be completely and totally removed
within six months from the date of the issuance of a Building Permit
or upon the completion of the permanent residential dwelling structure,
whichever date is later.
h. In the event that the structure should not be removed
or demolished by the owner or other parties in interest within the
terms of this Section, the City of Franklin, to the extent permitted
by law, acting through its Building Inspector, is authorized to vacate,
demolish, or remove, either with forces or by independent contractor
submitting the lowest qualified bid, any such building or structure.
The City of Franklin shall assess the entire costs of such vacation,
demolition, or removal against the owner or other parties in interest.
I. *Temporary Roadside Stands for the Sale of Agricultural
Products. The following specific standards shall be used:
1. Off-Street Parking and Loading. The use shall provide
for all required off-street parking and loading on private property.
2. Access. The use shall be located along and have
direct vehicular access to a public street. Access to and from the
site shall be in accord with the requirements of the applicable highway
or arterial street access authority including the Wisconsin Department
of Transportation, Milwaukee County, and/or the City of Franklin.
3. Sales or Display Prohibited on Public Land. No sales
or display activity shall be located on public land.
J. *Public Interest and Special Events. A public interest
event on a commercial property is limited to no more than six times
per year and each event shall be no longer than 14 days. Public interest
events shall include but not be limited to outdoor food sale, outdoor
car wash, or other gathering for the benefit of the community, a particular
service or a non-profit organization.
K. Additional City Department Review May be Required. Those uses listed above as not required to receive a "Temporary Use Permit" may still be required to receive other use permits/approvals issued by the City of Franklin, including, but not limited to an amendment to an existing Special Use Permit for the subject property and approvals such as for "Special Events" as defined in Chapter
121 and "Transient Merchants" as defined in Chapter
237 of the Municipal Code. In addition, food service associated with a temporary outdoor use may be subject to the review and approval of the Health Department. All temporary uses shall otherwise comply in all respects with all applicable governmental laws, statutes, codes, rules, orders, regulations and ordinances.
L. Issuance and Expiration of Permit. The Zoning Administrator
or designee of the City Planning Department(s) shall approve, conditionally
approve, deny or refer to the Plan Commission an application for a
temporary use permit under this Section within 30 days of its filing
in the Planning Department Office. The Plan Commission shall approve,
conditionally approve or deny an application within 30 days of the
referral of such application to the Commission. Any decision to deny
an application under this section shall be in writing, shall set forth
the reasons for the denial, and a copy of such decision shall be mailed
by regular mail to the applicant within the aforesaid time limits.
Each Temporary Use Permit shall specify the date upon which such use
may commence and the date upon which such use shall expire; in no
event, except as otherwise specifically and expressly set forth in
this Section, shall any temporary use exceed 180 days in duration
during any calendar year.
M. Appeal. An appeal of a decision regarding a temporary
use made by the Zoning Administrator or designee of the City Planning
Department shall be made in writing and filed with the Office of the
City Clerk within 10 days of the date of such decision. The appellant
shall also pay an appeal fee at the time of filing the appeal, which
fee shall be in such amount as may be approved by and specified within
the resolution of the Common Council from time to time and kept on
file in the Office of the City Clerk. The grounds for an appeal shall
be that the decision was made in error in the administration of this
Section to the application and the proposed use and shall be stated
in the appeal. The appeal shall be to the Plan Commission, which shall
affirm, modify, reverse or remand the decision to the Zoning Administrator
or designee of the City Planning Department and such decision shall
be made within 30 days of the filing of such appeal, shall be in writing,
shall set for the reasons for the decision on appeal, and a copy of
such decision shall be mailed by regular mail to the applicant within
the aforesaid 30 days. The appellant shall receive written notice
of the Plan Commission meeting at which such appeal shall be heard
and the applicant and any other aggrieved persons shall provide such
information to the Plan Commission as it may determine reasonably
necessary to decide such appeal, together with all other persons and
information. The rules of evidence shall not apply to such appeal
and the decision on appeal shall be made upon the records, files,
proceedings and substantial evidence before the Plan Commission. Any
appeal from any decision of the Plan Commission under this Section
shall be made pursuant to Division 15-10.0500 of this Ordinance.
Wireless telecommunications towers and antennas may be installed,
erected and maintained, either as a principal or accessory use or
structure, pursuant to the provisions of this section. Telecommunications
towers and antennas shall not be regulated or permitted as essential
services, public utilities, or private utilities.
A. Purpose. The purpose of this Ordinance is to strike
a balance between the Federal interest concerning the construction,
modification and placement of telecommunications towers and antennas
for use in providing personal wireless services, and the legitimate
interest of the City of Franklin in regulating local zoning. The goals
of this Ordinance are to protect residential areas and land uses from
potential adverse impacts of towers and antennas; minimize the total
number of towers throughout the community; encourage the joint use
of new and existing tower sites as a primary option rather than construction
of additional single-use towers; encourage users of towers and antennas
to configure them in a way that minimizes the adverse visual impact
of the towers and antennas through careful design, siting, landscape
screening, and innovative camouflaging techniques; consider the public
health and safety of communication towers, and avoid potential damage
to adjacent properties from tower failure through engineering and
careful siting of tower structures. In furtherance of these goals,
the City of Franklin shall give due consideration to the Comprehensive
Master Plan, Zoning Map, and existing land uses, and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
B. Definitions. As used in this Ordinance, the following
terms shall have the meanings set forth herein:
1. ALTERNATIVE TOWER STRUCTURE —Clock towers,
water towers, buildings, signs, electric transmission and distribution
structures, bell steeples, light poles and similar mounting structures
that camouflage or conceal the presence of antennas.
2. ANTENNA — Any exterior transmitting or receiving
device mounted on a tower, building or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals, which may include omni-directional
(rod), directional (panel) or parabolic (disc) antennas.
3. ANTENNA ARRAY — The grouping of antennas that
encompasses both the transmitters and receivers of the telecommunications
provider.
4. ANTENNA SUPPORT STRUCTURE — A structure which
is attached to an alternative tower structure and which is designed
to support an antenna at a height sufficient to permit effective receipt
or transmission of wireless communications.
5. ANTENNA SUPPORT STRUCTURE HEIGHT — No antenna
support structure, including any antenna or other device attached
thereto, shall extend more than 20 feet above the highest point of
the structure to which the antenna support structure is attached.
6. BACKHAUL NETWORK — The lines that connect
a provider's towers/cell sites to one or more cellular telephone switching
offices, and/or long distance providers, or the public switched telephone
network.
7. COLLOCATION — The provision of multiple antennas
of more than one commercial wireless communication service provider
or government entity on a single tower or structure.
8. FAA — Federal Aviation Administration.
9. FCC — Federal Communications Commission.
10. HEIGHT — When referring to a tower or other
structure, the distance measured from finished grade to the highest
point on the tower or other structure or antenna support structure
height, including the base pad and any building or structure upon
which the tower or other structure is located.
11. PRE-EXISTING TOWERS/ANTENNAS — Any tower
or antenna for which a building permit, special use permit or other
necessary approval has been properly issued prior to the effective
date of this Ordinance.
12. TOWER — Any structure that is designed and
constructed for the purpose of supporting one or more antennas for
telephone, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
C. Applicability.
1. New Towers and Antennas: All new towers or antennas
in the City of Franklin shall be subject to these regulations, except
as provided in Divisions 15-3.0805(C)(2) and 15-3.0805(C)(3).
2. Amateur Radio Station Operators/Receive Only Antennas:
This Ordinance shall not govern any tower, or the installation of
any antenna, that is owned and operated by a Federally-licensed amateur
radio station operator or is used exclusively for receive only antennas.
3. Pre-existing Towers or Antennas: Pre-existing towers
and pre-existing antennas shall not be required to meet the requirements
of this Ordinance, other than the requirements of Division 15-3.0805(E)(2).
D. Permit Required. Except as set forth under Division
15-3.0805(F), no tower or antenna shall be installed unless a special
use permit pursuant to Division 15-9.0103 of this Code is first obtained
by the owner or the owner's agent. In addition to the special use
application requirements, the following specific information shall
be required as part of the application submittal.
1. A scaled site plan clearly indicating the location,
type and height of the proposed tower and appurtenant equipment, any
proposed and existing structures, adjacent land uses and structures,
adjacent roadways, on-site parking and driveways, tower and equipment
setbacks from property lines, and other information deemed by the
Planning and Zoning Administrator to be necessary to assess compliance
with this Section;
2. The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties
and unplatted residentially zoned properties;
3. The separation distance from all other towers, antennas
or sites approved for towers, whether within or outside the City of
Franklin, that are within one mile of the proposed site, including
specific information about the location, height, and design of each
tower (the one mile radius is an application information requirement
only and shall not limit any consideration under Division 15-3.0805(J)(3)).
4. Landscape plan showing specific plant materials;
5. Method of fencing or other security design, installation
or equipment, including location, materials and finished color and,
if applicable, vegetative screening;
6. Description of compliance with Division 15-3.0805(E);
and
7. A needs analysis clearly demonstrating why the proposed
location is necessary for the operation of applicant's communication
system.
E. General Requirements. In addition to compliance
with all applicable regulations of this Ordinance, the following standards
shall apply for the installation of any tower or antenna:
1. Building Codes; Safety Standards. To ensure the
structural integrity of towers, the owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
State or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association which
are in effect at the time of issuance of the building permit for the
subject tower. If, upon inspection, the Building Inspector concludes
that a tower fails to comply with such codes and standards and/or
constitutes a danger to persons or property, then upon notice being
provided to the owner of the tower, the owner shall have 30 days to
bring such tower into compliance with such standards and/or makes
same safe. Failure to bring such tower into compliance within said
30 days shall constitute grounds for the removal of the tower or antenna
at the owner's expense.
2. State or Federal Requirements. All towers and antennas
shall meet or exceed current standards and regulations of the FAA,
FCC, and any other agency of the State or Federal government with
the authority to regulate towers and antennas which are in effect
at the time of issuance of the building permit for the subject tower.
If such standards and regulations are changed, then the owner of a
tower and antenna governed by this Ordinance shall bring such tower
and antenna into compliance with such revised standards and regulations
within such time as is mandated by the controlling State or Federal
agency. If no compliance time is mandated by such other agency, but
delegated locally and such revised standards and regulations are necessary
to prevent danger to persons or property, the owner shall bring such
tower and antenna into compliance within 30 days of the effective
date of such revised standards and regulations. Failure to bring towers
and antennas into compliance with such revised standards and regulations
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
3. Collocation. A proposed tower shall be structurally
and electrically designed to accommodate the applicant's antenna and
comparable antennas for additional users. Towers shall be designed
to allow for future rearrangement of antennas and to accept antennas
mounted at varying heights. All special use permits granted under
this section shall require the permittee to allow collocation for
such number of additional users as the permitted tower will support
under existing technology and shall not make access to the tower and
tower site for the additional users economically unfeasible. If additional
user(s) demonstrate (through an arbitrator or other pertinent means,
with the cost to be shared by the holder of the permit and the proposed
additional use) that the holder of a tower permit has made access
to such tower and tower site economically unfeasible, then the special
use permit shall be null and void.
4. Height. No tower or other structure supporting an
antenna shall exceed 180 feet in height, subject to Division 15-3.0805(J)(2).
Antennas shall be installed and maintained in accord with applicable
State or local building codes, and in compliance with current standards
of the FAA, FCC and any other agency of the State or Federal government
with the authority to regulate antennas. No antenna and no antenna
support structure, including any antenna or other device attached
thereto, shall extend more than 20 feet above the highest point of
the structure to which the antenna or antenna support structure is
attached.
5. Setbacks. A tower shall be located pursuant to the
zoning district setbacks applicable to the tower site, subject to
Subsections E.6 and J.1 below. Guy wires and appurtenant equipment
and buildings shall comply with requirements of the underlying zoning
district in which the tower is located.
6. Separation Between Land Uses. Tower separation shall
be measured from the nearest point of the base of the tower to the
nearest point of the lot line of the adjoining off-site use and/or
designated area as specified herein.
Land Use/Designated Area
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Separation Distance
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Single family or two-family homes, Including modular homes or
mobile homes used for living purposes; vacant land zoned for residential
use which has been platted or has unexpired preliminary subdivision
plat approval.
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300 feet or 300% height of tower, whichever is greater.
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Unplatted vacant land zoned for residential use and land designated
by the Comprehensive Master Plan for future residential use.
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200 feet or 200% height of tower, whichever is greater.
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Multi-family dwellings
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200 feet or 100% of height of tower, whichever is greater
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Land zoned for business and manufacturing use, or non-residential
use.
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No closer than 100% tower height from the building setback line
upon any adjoining property, except where such adjoining property
is undeveloped or is developed without habitable structures within
100% of the tower height from the building setback line on the tower
site property; then, the building setback line of the tower site property,
provided that the Common Council finds that such closer distance will
not impede the orderly development of the applicable adjoining property.
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Public street right-of-way.
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Zoning district regulations or setbacks of tower site or 50%
of tower height from public right-of-way, whichever is greater.
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7. Aesthetics. Towers shall maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness. Where an antenna
is installed on a structure other than a tower, the antenna and appurtenant
equipment must be of a neutral color that is identical to, or closely
compatible with, the color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as aesthetically pleasing and visually unobtrusive
as possible.
8. Signs. No advertising material or signage other
than warning or equipment information shall be allowed on any antenna
or tower. This prohibition shall include the attachment to an antenna
or tower of any flag, decorative sign, streamers, pennants, ribbons,
spinners or waving, fluttering or revolving devices, but not including
weather devices.
9. Lighting. Towers shall not be artificially illuminated
unless required by the FAA or any other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
10. Fencing. A tower shall be enclosed by security
fencing not less than six feet in height and secured or otherwise
secured by such design or security structure or equipment installation
approved by the Common Council, so that it is not accessible by the
general public. Fence or other security structure or equipment design,
materials and colors shall reflect the character of the surrounding
area.
11. Landscaping. A buffer of plant materials to effectively
screen the tower compound from public view and from adjacent properties
shall be provided. The minimum buffer shall consist of a landscaped
strip at least five feet in width outside the perimeter of the tower
compound. Equipment cabinets or structures shall be screened from
view by an evergreen hedge or other suitable vegetation, except where
the use of non-vegetative screening would better reflect and complement
the architectural character of the surrounding neighborhood. In locations
where the visual impact of the tower would be minimal, the landscaping
requirement may be reduced or waived. Existing mature tree growth
and natural land forms shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
12. Appurtenant Equipment and Buildings. Antennas mounted
on alternative tower structures or rooftops: The equipment cabinet
or structure used in association with an antenna may be located on
a roof provided that such equipment or structure is placed to be screened
from public view as unobtrusively as possible. Equipment storage buildings
or cabinets shall comply with all applicable building and Unified
Development Code requirements.
Antennas mounted on utility poles, light poles or towers: The
equipment cabinet or structure used in association with an antenna
shall be sited in accordance with the development standards of the
underlying zoning district. Any ground located equipment cabinet or
structure shall be designed either for expansion or attachment to
like equipment facilities required by later collocation users.
F. Permitted Uses.
1. Cable Microcell Network. The installation of a cable
microcell network may be permitted through the use of multiple low-powered
transmitters/receivers attached to existing wireline systems, such
as conventional cable or telephone wires, or similar technology that
does not require the use of towers.
2. Additional Collocated Antennas. Collocation of an
additional antenna on an existing tower supporting an antenna, both
previously permitted under this Section; provided: the collocated
antenna array or equipment is similar in size and function to that
installed by the holder of the special use permission for the tower,
does not significantly alter the appearance or structural integrity
of the tower approved and permitted under this Section, is fully in
compliance with all conditions contained in the original conditional
use permit, and site plan approval is obtained for such additional
collocated antenna prior to installation.
3. Antennas Installed Upon Alternative Tower Structures.
Antennas installed upon alternative tower structures and any antenna
support structure; provided: Site plan approval is obtained prior
to installation, which approval shall include a finding of consent
to such installation by the owner of the alternative tower structure,
and such structure is located within those zoning districts specified
under Division 5-3.0805G.
4. Monopole Tower In Replacement Of A Water Tower Structure.
A monopole tower not exceeding 180 feet in height, without regard
to antennas, to be installed in replacement of an alternative tower
structure which pre-existed the adoption of the Wireless Telecommunications
Towers and Antennas Ordinance on July 14, 1998, to wit: a water tower
exceeding 180 feet in height, located in an A-1 Agricultural District,
shall be a permitted use, provided: the pre-existing water tower is
removed pursuant to all laws, codes and ordinances prior to May 1,
2010; the monopole tower is installed in the immediate vicinity of
the pre-existing water tower, and in which event, the setback from
buildings on adjoining property shall not apply where the applicant
owns the monopole tower site property and the subject adjoining property
and the adjoining subject property is vacant, with any future building
development of the adjoining property to not occur closer than the
distance which is equal to 100% of monopole tower height; and Site
Plan approval for the monopole tower is obtained, following the consideration
by the Plan Commission of the purpose of the Wireless Telecommunications
Towers and Antennas Ordinance, its other applicable provisions, and
all other laws, codes and ordinances.
G. Special Uses. The installation of towers and antennas,
including the placement of appurtenant equipment or buildings shall
be prohibited in all areas of the City of Franklin, except as provided
under Division 15-3.0802A and Division 15-3.0901 and as may be allowed
by special use permit in the M-1, M-2, BP (including the Franklin
Industrial Park and Franklin Business Park Planned Development Districts),
I-1 and L-1 zoning districts. Any special use permission granted under
this Section shall include the permission to install a replacement
tower upon the removal of the original tower by the owner in the ordinary
course of business and not under circumstances constituting abandonment,
provided the owner secures all necessary governmental permits for
such removal and replacement and that such replacement tower meets
all applicable local, State and Federal building codes and safety
standards in effect upon installation.
H. Removal of Abandoned Antennas and Towers. An antenna
or tower that is not operated for a continuous period of 12 months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 days of receipt of notice from the
City of Franklin notifying the owner of such abandonment. Failure
to remove an abandoned antenna or tower within said 90 days shall
be grounds to remove the tower or antenna at the owner's expense.
If there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
The tower owner shall always remain liable for the removal of the
tower and all antennas located thereon and no act or omission of the
City shall be construed to release or waive such liability unless
expressly waived or released in writing in the sole discretion of
the City. Any special use permit or site plan approval granted shall
include a requirement that the permittee post a performance bond or
letter of credit approved by the City of Franklin Attorney, in an
amount required by the Plan Commission as reasonably necessary so
that the City Franklin remains secure that the tower or antenna will
be removed without cost to the City. "Removal" of a tower or an antenna
under this subsection means the removal of the entirety of the installation
appurtenant to and serving the tower or antenna, including footings.
I. Non-conforming Uses.
1. Not Expansion of Non-conforming Use. Towers that
are constructed, and antennas that are installed, in accordance with
the provisions of this Section shall not be deemed to constitute the
expansion of a non-conforming use or structure, when located upon
property supporting such non-conforming use or structure.
2. Pre-existing Towers. Pre-existing towers shall be
allowed to continue their usage as they presently exist. Routine maintenance
shall be permitted on such pre-existing towers. New construction on
a pre-existing tower shall comply with the requirements of this Section.
J. Additional Special Use Permit Requirements.
Wireless Telecommunications Towers and Antennas.
1. Separation Between Towers. Separation distances
between towers shall be applicable for a proposed tower and any pre-existing
towers. The separation distance shall be measured by a straight line
between the nearest point of the base of an existing tower and the
nearest point of the base of a proposed tower.
New Tower Type
|
Existing Tower Type
|
---|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
|
---|
Lattice
|
1,500
|
1,500
|
1,500
|
750
|
Guyed
|
1,500
|
1,500
|
1,500
|
750
|
Monopole 75 Feet in Height or Greater
|
1,500
|
1,500
|
1,500
|
750
|
Monopole Less Than 75 Feet in Height
|
750
|
750
|
750
|
750
|
2. Tower Height. The
following criteria shall apply in determining the maximum height of
a tower:
(a) For a single user, up to 90 feet.
(b) For two users, up to 120 feet.
(c) For three or more users, up to 180 feet.
3. Availability of Suitable Existing Towers. Other
Structures or Alternative Technology. No new tower shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the Common Council that no existing tower, structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. Evidence submitted to
the Common Council to determine that no existing tower, structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
a. No existing towers or structures are located within
the geographic area which meet the applicant's engineering requirements.
b. Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
c. Existing towers or structures do not have sufficient
structural strength to support the applicant's proposed antenna and
related equipment.
d. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
e. The fees, costs, or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
f. The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
g. The applicant demonstrates that an alternative technology
that does not require the use of towers or structures, such a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
K. Variances. The provisions of Divisions 15-3.0805(E)(4),
15-3.0805(E)(5), 15-3.0805(E)(6), 15-3.0805(J)(1), and 15-3.0805(J)(2)
shall be available to the variance regulations set forth under Division
15-10.0206 et seq., provided the purposes set forth under Division
15-3.0805(A).